Mobile User - Terms of Use
The following are the terms and conditions for use of the Flashtxt system applicable to Mobile users. You, as a registered Mobile User Account holder and Flashtxt system User, are subject to these terms and conditions, the Disclaimers and Notices (collectively known as "Terms of use") issued by Inferex Pty Ltd. (Inferex)
Use of, or access to, the Flashtxt service, constitutes agreement to these Terms of Use.
1. Your Flashtxt Account, Password and Security
To open an account for usage of the Service, You as the User must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration forms.
You will also choose a password to access your Account. You are entirely responsible for maintaining confidentiality of this password and any other Account information.
You understand that you will be responsible for all activities that occur in connection with that account.
You agree to notify Inferex immediately of any unauthorised use of your Account or any other breach of security.
2. Termination of Accounts
Inferex may unilaterally cancel any Account, without notice, at any time.
You may terminate your Account at any time without notice.
3. Flashtxt Service Availability and Performance
Inferex makes no guarantees whatsoever as to the continuous availability of the Flashtxt Service or any specific feature(s) of the Service at any time.
You expressly acknowledge and agree that your use of the service and the internet generally is at your own risk and that you understand that the Flashtxt service is provided "as is" and "as available" without any warranties or conditions whatsoever, express or implied. Inferex will use commercially reasonable efforts to make access to Flashtxt available to you, but makes no warranty or guarantee that you will be able to access Flashtxt at any particular time or any particular location.
You acknowledge that the Flashtxt service is dependent on various telecommunications networks and institutions for the delivery of messages which are outside of our control.
4. NO WARRANTIES OR LIABILITIES
Inferex and its affiliates:
(i) hereby disclaim all express and implied warranties as to the accuracy, completeness, noninfringement, merchantability or fitness for particular purpose of the Flashtxt service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of Flashtxt generally and any content or services contained therein will be uninterrupted or error-free;
(ii) shall in no event be liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto.
Without in any way limiting the foregoing, Inferex shall in no event have (in the aggregate) any liability whatsoever in connection with this agreement.
Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply. In such jurisdictions, Inferex's liability shall be limited to the greatest extent permitted by applicable law.
5. INDEMNIFICATION
You agree to indemnify Inferex from all costs, liabilities, suits, actions or claims arising or in any other way connected with Flashtxt from your use of your Flashtxt account, or any other person using your username and password.
6. PRIZE OFFER ASSOCIATED WITH FLASHTXT REGISTRATION
Flashtxt may offer prizes associated with the Flashtxt service from time to time. A single prize winner will be selected on Monday each week subject to a minimum of 100 new qualifying Mobile Users registering with Flashtxt during the preceeding week. Inferex will determine the winner based on a random draw of the qualifying Mobile Users and will contact the winner on their mobile phone. The decision whether to offer a prize and the selected winner will be at Inferex's sole discretion and no correspondence will be entered into. No formal public announcement will be made of the winning entry. Prize winners may be asked to allow their name to be published on the web site but this will only be done with their full consent. The prize offered is not exchangeable for cash.
7. MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
This Agreement shall be governed by and construed and interpreted in accordance with the law of the Commonwealth of Australia.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Inferex in any respect whatsoever.
These Terms of Use constitute the whole agreement between Inferex and you and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
8. Changes to Terms of Use
Inferex may change any of these Terms of Use at any time by giving notice to you. This notice may be by way of email, sms or a posting of the change on this website once you are logged in to your account. Continued use of the Flashtxt account will amount to acceptance of these changes.